Thursday 7 March 2013

[wanabidii] Reviewed: IEBC in a Compromised Conspiracy to Fail Kenya's Reform Change Agenda



Good People,

 

 

After Uhuru's stronghold vote count ending at 41% IEBC Chairman Mr. Hassan says and accepted that, there was a technical computer hitch which slowed the streaming live of results causing the delay from tallying centre's in the Counties.  Without the backing-up, this statement cannot be verified, cannot be trusted as it is insufficient and is unbelievable. 

 

 

After claims about Safaricom meandering with the network, the claims that KBLC Kenya Breweries Company held hostage their personnel voter IDs cards and hooding them with an aim to rig election to favor a candidate is illegal and unconstitutional; the police picking two ballot boxes on the road side with police shootings including mysterious deaths across the country indicate something is not right. 

 

 

As a matter of concern, IEBC staff caught red handedly stealing and altering votes, police institution not overhauled, failing the "Electoral Voter Education" to make informed choices, discriminatively registering and allowing Diaspora to vote and selectively blocking others, Kimemia irregularly being allowed a free hand against the New constitution to form a tribal leadership team for Transitional Caretaker Committee and Kimemia hurriedly  forming County Administration two days before election, candidates not going through proper and credible threshold of Integrity examination thus Presidential candidates were issued with faked clean bill of records which led to party primaries engulfed in conflict of interest with serious rigging anomalies and the corrupt were then issued with certificates against people's will; if all these schemes were not a pre-plan agreement between Uhuru and Raila to promote old constitution corruption and falsify, fail and flaw Integrity of the Reformed Accord for New Constitution, what urgent action or investigation was instituted by IEBC to ascertain the identified anomalies were fixed or corrected before proceeding with a peaceful, credible, free and fair election?

 

 

These concerns throw Hassan in bad light and our opinion is formed in the consequence that Mr. Hassan the chairman of IEBC played Kenyans a big fool in a web of compromising where he is accused of allowing anomalies to fizzle in the electioneering process and  is suspected to have engaged in serious collaboration of conspiracy to push Kenya into a dangerous state of anxiety mode of Civil conflict by creating and allowing a fluid corrupt environment to thrive through obvious flaws and anomalies where he allowed corruption to  fashion the election in favor of one tribe pitying the Kikuyus against the 42 tribes and this cannot be taken lightly as it is unacceptable as follows:

 

 

  Ø  The Chairman of IEBC Mr. Hassan, purposefully and knowingly looked the other way as his staff at IEBC were rigging and falsifying votes on behalf of Uhuru and therefore did not question, when some personnel were caught in camera stealing votes for Uhuru's count and this is wrong.

  Ø  Diasporas discriminative biasness and blockage to fully participate in the election is flawed and is considered unconstitutional.  An instance where on election day, Ochuodho was stopped from voting after being cleared as a candidate.  This is a terrible thing to have happened, election process is therefore flawed as it is unacceptable.

Ø  Hassan did not value the fact that Kenya is made up of 43 tribes and that he ought to have played a credible and fair game by supervising and making sure that after Kimemia flawed in ways and means with complaints which were made very clear by media and the people,  where IEBC should not have allowed Kimemia to participate in the process of electioneering and giving him free ride to go on with his dirty tricks pitching to rig.  Also, he should not have been allowed to do transitioning against the New constitutional policy framework where, in a gang from one tribe, he sent personnel from Kikuyu tribe to own and take control of all Counties one day before election.  This is assumed as a pre-plan conspiracy to stage-manage rigging of election, reason why machine got stalled at 41% and where votes for Uhuru did not match the registered voters which caused bottleneck to tally or balance as he keeps getting build up votes that cannot be verified or provide substantive evidence to prove the same and therefore, it is unacceptable.

Ø  There were stage-managed strategic Police shooting and killings elsewhere in the Country and in Garissa where 6 police officers were ambushed and killed the first day of election and this I believe was on purpose to cause alarm and fears on voter turn-out.  My opinion is informed from purposefully refusal of Kibaki and team to reform and overhaul the police before elections and taking advantage of Kimemia's tribal group of transitioning against the constitution

Ø  Voter education to create informed awareness and community for Counties' preparedness to vote did not take place as per Reform Accord requirement allowing Kimemia's Administration to take advantage of the same; defeated the credibility for integrity to provide fairness of election is a complete flaw that should not have been allowed in the first place

Ø  Voting IDs that were bought in advance explain the situation why Kimemia sent his transitioning agents one day before election (masquerading as Administration personnel) to stuff the bought IDs into the respective County's voting ballot boxes across the country to boost Uhuru's votes

Ø  The buying of voter IDs cost Uhuru a lot of money which is why he ordered a ban "No Unprocessed Milk sale in the Country" through Kibaki so that, Brookside milk should sell for him to recover his campaign bribery money he spent and this too is unacceptable

Ø  Voter registration was discriminative and equally flawed in many areas of the country and it is believed it was done to favor special interest

 

Under these engineering and doctored circumstances, including threats on CJ Willy Mutunga where a pre-emptive preposition that Mutunga's junior is capable to precide on enthroning the President elect, and asking Raila if he will concede defeat is suspicious. 

 

 

I then begun to received flowing questioning from the public as follows:

 

 

If CJ Willy Mutunga's intimidation is tools formed to put in place and frustrate justice, how shall we justify integrity of the Judiciary when it has been threatened and made dysfunctional?  The credit goes to corruption greesing old constitution. This calls for concern where those whose rights are about to be stolen from are thrown out of balance and the Reform Change for the New Constitution is in danger of collapse.

 

 

What will happen for Kenyans with all the anomalies witnessed, will Kenya be safe to redeem their stolen votes and loses through courts?  Will that be done after Uhuru has been made President?  Is there something we don't know that we should be told about???  Why is the pre-emptiveness displayed ???  Does this not explain there were pre-emptive plan to make Uhuru win???  Is something cooking we need to know ??? Are there hands of the corrupt special interest playing politics on livelihood and survival of the poor 42 tribes of Kenya???  Are the 42 tribes of Kenya on the list to be wiped out or are they being driven to slaughter houses so Land Grabbing to be owned by a few is a free ride???  Under the prevailing condition, will the court of Kenya function if help does not come handy from friends and sympathizers and before Kenya is destroyed by the selfish and greedy special interest???

 

 

99% of Kenyans are rolling these difficult questions in their minds and the same has remained unanswered.  IEBC Chair Mr. Hassan, Uhuru, Raila and Kimemia should not put fire on the bottom of people of Kenya and expect people to sit pretty.   These are human being with brains that are thinking very hard.  Something definitely is not right…….and yes, People have a right to question and they must demand for their rights.  Before anything happens, Hassan, Uhuru, Raila and Kimemia must vacate public office immediately right now………..!!!!!

 

 

A Credible Way Forward that shall bring peaceful, free and fair election:

We demand for an urgent formation of a Credible Transitional Caretaker Committee who will formalize overhaul of Police Administration, form an Independent credible team of Electoral Board, engage the community to form a devolved County establishment,  put together a reliable and sustainable Finance Ministry structural establishment capable to hold the country together as per the Reform Accord Agenda of the New Constitution, offer Voter Education so people are able to engage in informed choices of candidates who are able to deliver public services according to Reform Change policy without conflicts of interest.

 

Kenya is not one community's affair, it is not a Kikuyu colony.  Kenya belongs to 43 tribes and it is just right that all tribes are treaty mutually with respect and dignity.  We therefore ask for fairness.  At this present time, this engineered conspiracy has failed miserably and the election result has proved our fears of loosing the Reform Change Agreement for the New Constitution. 

 

The elections cannot be said to be credible, free and fair when the Kikuyu's interest as a tribe is favored and fashioned to triumph against the 42 tribes of Kenya irregularly.  This is discrimination of the highest order.  We all have eyes and we can see this engineering going bad, causing ripples and dividing the country the wrong way and as a result is about to divide people along tribal lines for which we shall not keep quiet. 

 

Right thinking beings who care for peace and wish to defeat corruption must not allow this to happen.  It is an instigative cooked plan to frustrate, build anger and animosity, divide Kenyans amongst tribal groupings a thing which cannot help the country to move forward progressively.  The rest of the 43 tribes are soon made slaves of one tribe.  Facts are clearly lying bare on the table and it is wrong.  It is robbery with violence.  The People of Kenya will not accept to be fooled or forced and pushed too far against their wishes by special interest, it is bound to explode negatively and have a very bad repercussions.  It is for this reason that IEBC Chairman Mr. Hassan and Kimemia has failed Kenya to a point they are about to through Kenya into serious civil war on purpose simply just to favor special interest; a situation that will not be acceptable.

 

 The people of Kenya must remain peaceful but must stand firm and demand for their rights and reject the outcome which IEBC Mr. Hassan is about to push down the throat of Kenyans.  It is unacceptable………

 

What we have witnessed is just a mockery of Kenya's intelligence.  

 

Let the truth be told…….. Kenyans are very good people and they have proved that they are peaceful, that they are able to behave maturely in a civilized manner but the greedy selfish special interest with  twisted corrupt minds should not take this as a sign of weakness and therefore, Kenyans should not be pushed to the wall.  We are all humans with feelings and we all deserve respect.  This matter should be taken and treated with the urgency it deserves………

 

Mr. Hassan, Uhuru, Raila and Kimemia must disqualify themselves or be stopped immediately and urgently before they do more harm to Kenya. 

 

Enough is enough…………We are sick and tired of living under bondage of historic injustices time and again………No one can drain water from dry stones, we need to live a life full of meaning and this is why we struggle for the Reform Change………

 

Playing Kenyans a fool is making things worse;  so, let the truth give light on our path and play fair to all……….sitting pretty and fire is burning our bottom will not do…….(hatakama ni nani, huwezi vumilia matako ikiungua) It is why God gave us the brains that under unity for common good, we collaborate at peace loving one another, living in happiness and sharing in God's blessings making the world better than we found it…. !!!  If you love, you shall not be greedy or selfish and you will do no harm or plan evil on others………… This is the life we all want……..

 

 
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
 
 

IEBC disputes division claims among commissioners

Updated 2 hrs 16 mins ago
BY VITALIS KIMUTAI and PETER OPIYO
Nairobi, Kenya: The Independent Electoral and Boundaries Commission ( IEBC) disputed claims of division among its members as well as allegations that they were under pressure to declare a certain presidential candidate the winner.
 
 
Owing to the delay in relaying presidential results rumors had been rife that the management of the process had caused a rift among the nine Commissioners.
 
There is no division within the commission , the commissioners and the management are all working as a team. There are no forces pushing us to declare results of presidential candidate. We donât know the results and we donât know how they (results) would turn up to be, said Hassan.
 
 
There had been claims by Jubilee Alliance that the Commission was under pressure from foreign missions to declare a preferred candidate as the winner.
 
 
He also denied claims by CORD coalition that some of the results were doctored. CORD wants the tallying process be stopped based on these allegations but IEBC said tallying cannot be stopped as it is a legal process.
âWe canât stop tallying, this is a legal practice and we have already declared winners like Senators, MPs, Women representatives and governors. This is the final leg of the process, said Hassan
 
 
He also denied claims that the electronic system used to relay election results had been
hacked into and clarified that with the rigorous verification process in the manual system which was adopted after the electronic one failed, there was no room for anyone to doctor the results.
 
 
Hassan however, admitted that the software used by IEBC to transmit the tallied votes at the various polling stations in the 290 constituencies had a myriad of challenges that rendered the main server non-functional.
 
 
Contrary to speculations and rumors, we do not believe the system was hacked into as the installed multiple-layered security systems did not indicate that, Hassan pointed out.
 
 
There were also concerns about the spoilt votes that reduced dramatically after IEBC adopted the manual system, and Hassan said there was a database server error that multiplied the rejected votes by eight. The rejected votes stood at over 320,000 when cast votes stood at more than 4 million when the system failed. By the time of going to press the rejected votes were now 58,409 out of the 6,031,500 votes cast.
 
 
The chairman also revealed that as the Returning Officer for the Presidential contest, all complaints on the presidential poll should be directed to him.
 
 
IEBC would like to clarify that the chairman is the returning officer for the presidential election and any disputes should addressed directly to him for quick decision making, Hassan stated.
 
 
He said the delay in releasing the tallied Presidential votes was as a result of the rigorous manual verification process it was subjected to, in order to ensure it reflected the true picture on the ground.
 
 
Once the votes have been counted and tallied, they are signed off by all agents present and a copy of the same posted on the door of the polling station. The results are then forwarded to the constituency tallying center for tallying and official declaration by the constituency Returning officer, He stated.
 
 
It is after the results are tallied that the Returning Officer then travels to Nairobi to hand deliver the results to the commission for verification and declaration.
 
Hassan added, âWe have eight verification teams comprising of senior IEBC officials who receive, audits and authenticates the results from the polling stations before they are declared, Hassan stated.
 
 
The IEBC Commissioners and officers, he said, were impartial arbiters in the election as they had taken office to serve without favor or ill-will.
 
 
 
 
juma7 March 2013 1:11 AM
 
 
IEBC should propose the government Civil Service body to Employ qualified Telecommunication Engineers to work permanently work with the body. Because external Engineers will always run away from the failures. most engineers are craft they understand the international law on ICT contracts which the employers are not aware of its existence. again there is different measures of perfomance of ICT contract: coverage in terms of space and time, Quality of service which the company has not mentioned that it provided is very important and this was the major problem because the presiding officers are acknowledging the network coverage fact but poor quality of service which included dropped communications links, and priority management for IEBC data in the communication qeue traffic, which needed a higher priority compared to public, this could have led to public experiencing poor service at expense of IEBC and i dont think safaricom were ready for this. finally the manager safcom has not mentioned the communication capacity for allotment it provided for IEBC which is a key factor also.
 
 

IEBC blames database bug for rejected votes error

Isaack Hassan (2ndR), chairman of the Independent Electoral and Boundaries Commission (IEBC), addresses a press conference at the Bomas of Kenya national tallying centre.

Isaack Hassan (2ndR), chairman of the Independent Electoral and Boundaries Commission (IEBC), addresses a press conference at the Bomas of Kenya national tallying centre.

By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted Thursday, March 7 2013 at 19:19
 
The chairman of Kenya's electoral commission Issack Hassan has attributed the big reduction of rejected votes in the on-going manual tallying process to a bug in the commission's database.
Addressing a news conference at the Bomas of Kenya in Nairobi on Thursday evening, Mr Hassan said a bug in their database kept on multiplying the rejected votes by a factor of eight.
The database was developed in-house by the Independent Boundaries and Electoral Commission.
Mr Hassan said the programming error was as a result of a conflict between the IEBC server and the database.
"There was an error in the way the programme was written… For any rejected vote for any candidate, they were being multiplied by eight," said the IEBC chairman.
As at 6.30pm last night, the IEBC had counted 6,031,500 votes, and the tally of rejected votes was at 58,409.
When the results were being transmitted electronically from the polling stations, the database had
 
recorded 338,592 rejected votes out of a total of 5,653,852 votes cast.
The high number of rejected votes –which kept rising as the counting continued—made political parties jittery about their possible impact on the final tally of votes.
For a candidate to be declared a president, they must have more than half of all the votes cast in an election and at least 25 per cent in more than half of the 47 counties in the country.
By 6:30 pm Thusrday, the IEBC had officially announced results from 132 constituencies.
Jubilee's Uhuru Kenyatta was in the lead with 3,134,654 votes, Mr Raila Odinga of the Coalition for Reform and Democracy had 2,563,286, Musalia Mudavadi had 174,348, Peter Kenneth 34,409, Martha Karua 19,945, James ole Kiyiapi 19,365, Mohammed Dida 16,536 and Paul Muite 6,705.
The high number of the rejected votes had made the IEBC promise to do an audit on the cause of the spectacle.
Some of the observers at the Bomas of Kenya had attributed the high number of rejected votes to an uneducated electorate, given that they were supposed to vote for six elective positions, with numerous candidates.
There are also those who said the colour-coding of the ballot boxes and ballot papers had had an effect in the rejection of votes.
 
 
 

Police probe ballot papers dumped on roadside

Updated Thursday, March 07 2013 at 02:00 GMT+3
By Standard Reporter
NAIROBI , KENYA: Police and electoral officials are investigating the discovery of 12 used ballot papers that were found dumped on the roadside in Ruai area, Nairobi.
The papers, marked as spoilt votes, were found yesterday and belong to various candidates for positions of senator, Members of Parliament and Women Representative.
 
Kayole police boss Samuel Mukinda said they were called and informed of the discovery before they moved there to collect them. âPreliminary findings show the papers are genuine but we do not know how they found their way here,â said Mukinda.
 
 
 
 

EABL workers fail to vote, their IDs mysteriously missing

Updated Monday, March 04 2013 at 16:24 GMT+3
By Cyrus Ombati
Nairobi, Kenya: Eighteen workers of East African Breweries, Nairobi failed to vote Monday after their Identification Documents mysteriously went missing from the main sentry of the factory.
The workers had reported their duties in Ruaraka based factory on Sunday evening and left the IDs at the reception area.
 
 
However when they were leaving Monday morning ready for the exercise they realised their IDs were missing out of tens of others.
They reported the matter to Kasarani police station in Nairobi and police moved in and arrested four guards who were on duty.
Nairobi Area police boss Ben Kibue said the four guards were on duty when the documents went missing.
"The workers realised the documents were missing when they were signing out of the factory and we are investigating to know what happened," said Kibue.
He said the affected workers told them they planned to vote in the exercise but they did not do so because the documents were missing.
Kibue said part of their investigations will spread to the Independent Electoral and Boundaries Commission where they will seek to know if the documents were used to vote.
"If the IDs were used it will be a serious issue because it means there is a lot fraud.'
Kasarani head of CID Valerian Obore said the four guards are expected in court this morning to face various charges.
Obore said they are interrogating the guards to know the whereabouts of the documents. He added the factory management is co-operating well with investigations.
"Some of the victims say they are ashamed going home without the ink on the finger to indicate one has voted," said police.
 
 
A senior manager at the factory said they are taking the issue serious and were also investigating it.
Authorities had asked employers to release their employees to be able to vote in the exercise.
 
 
 

Change of Guard at EABL as earnings dip.


Nairobi, Kenya: Mr. Devlin Hainsworth, the Group managing director of the East African Breweries Ltd ( EABL) has resigned after serving for only eight (8) months at the regional brewer.
He is replaced by Charles Ireland who is planned to assume office on April 1.
Mr. Hainsworth's resignation comes just a week after the beer maker announced a sharp drop in profitability for the half-year period ended December 31.
In a circular to the Capital Markets Authority (CMA) dated February 22, EABL Chairman Charles Muchene said Hainsworth, who has been employed with Diageo for a period of 14 years, would be leaving the business to pursue other interests, effective March 31.
Prior to his latest appointment Mr. Ireland was the managing director of Guinness Anchor Berhad (GAB) in Malaysia, a highly successful joint venture between Diageo plc and Asia Pacific Breweries.
GAB is Malaysia's 3rd largest consumer goods business and is listed on the Malaysian stock exchange with a market capitalization of over I billion sterling pounds.
Ireland joined Diageo in 1997 after working for Nestle in Great Britain for 10 years.
" The chairman and the Board of EABL wish to take this opportunity to thank Mr. Devlin Hainsworth for his contribution to the business and to warmly welcome Mr. Charles Ireland to the business and to East Africa," said Muchene.
EABL's half-year pre-tax profit plummeted 13 per cent to Sh5.8 billion on the back of rising finance and operational costs, which more than tripled.
However, volumes and revenues grew across most regions, driven by a mixture of brand development and improved route to market.
The company, controlled by Britain's Diageo Plc, borrowed Sh 19 billion from its parent to buy the 20 percent of its subsidiary Kenya Breweries which was owned by SABMiller's Tanzania Breweries.
Consequently EABL's financing costs increased by 221 per cent to Sh2.1 billion in the first half of 2012 from Sh642 million in the period June to December 2011.
"Despite a softening consumer economy in Uganda and a Duty rise that slowed the beverage alcohol market in Tanzania, we managed to deliver good results driven by our total beer portfolio that grew revenue by 11 per cent while spirits grew by nine per cent across the region," Hainsworth told an investor briefing in Nairobi.
Cost of sales rose by 13 percent to Sh 16.2 billion, outpacing the growth in revenue mainly due to investments in the company's distribution network and higher input costs such as the price of buying malt.
Growth in sales was registered across all the markets although sales of low-cost spirits declined in Kenya, the firm's largest market, and slower economic growth in Uganda weakened consumer demand there, leading to growth of only 3 percent.
In addition the financial performance in Uganda was affected by plant investments, the company said.
All the other markets of Kenya, Tanzania and exports to countries like the Democratic Republic of Congo and South Sudan produced double-digit percentage rises in sales.
Hainsworth said he was particularly confident over the outlook for revenue growth due to sales of new brands in Kenya and Tanzania and generally rising demand in Tanzania.
The firm introduced new brands like Jebel spirit and Balozi beer in Kenya last year and revived the Kibo beer brand in Tanzania.
The company was, however, facing an additional challenge in the Tanzania market due to an increase in excise duty.
EABL's sales across product portfolios and regions were sluggish with beer sales rising 11 per cent and spirits at 9 per cent.

Kenya led with beer sales up 12 per cent while Uganda grew only by three per cent.

International business expanded 28 per cent due to Sh 4.3 billion expansion of the Kenyan operations meant for exports market.
Ends
 
 

Safaricom denies role in counting delay

Updated Thursday, March 07 2013 at 01:42 GMT+3
By GEOFFREY MOSOKU
Safaricom now says it is not responsible for the systems failure that saw the electronic voter tallying collapse on Monday night.
The mobile operator through a statement said their role in the results transmission was only limited to providing their network but not the software that was used to transmit the results.
 
Safaricomâs role is simply to provide connectivity between the mobile devices and the IEBC tallying centers. Safaricom did not and does not have any role in the technical design, management or specification of the servers, the mobile software application nor the graphic presentation of the results data used by the IEBC,â CEO Bob Collymore said.
He explained that Safaricom was one of several service providers contracted by the IEBC to provide network connectivity for the electronic transmission of electoral results.
âIn accordance with the terms of our contract with the IEBC, Safaricomâs responsibilities were twofold, the first was to provide the virtual private network (VPN) for the conveyance of the results from polling stations across the country previously identified as having sufficient mobile coverage to the IEBCâs constituency, county and national tallying center infrastructure.
 
 
The Safaricom boss said the second was to deliver 17,900 original manufacturer warranted handsets to the IEBC for use by polling staff for purposes of transmitting electronic results.
 
 
Safaricom was neither involved in the supply of the software to be used on the mobile handsets nor the distribution and storage of the devices,â Collymore added.
The mobile telecommunication firm said they were issuing the statement following numerous queries from the media and in response to public concern.
Although IEBC has conceded that their system failed, the pollsâ body is yet to clarify on the nature of the failure of the system that cost taxpayers billions of shillings to procure.
By yesterday, Kenyan were still left to speculate on the cause of the collapse with suspicions of hacking topping the list of would be reasons.
Safaricom sought to clarify further their role saying the observed traffic on the VPN they provided did not exceed 3.5 Megabytes per second (Mbps) at any time.
 
The Safaricom chief said the total number of mobile devices provisioned to be used by the IEBC polling staff to relay results on the Safaricom VPN were 32,000, which represents only 2 per cent of the 1.5 million devices connected to their data network at any given time.
He said that they have provided unrestricted access to representatives of the 8 presidential candidates to assess and monitor its network performance.
 
 
The Safaricom mobile and virtual private network has remained robust with 100 per cent uptime in all areas where coverage was to be provided. As a responsible corporate citizen, Safaricom appreciates and takes seriously its assigned responsibilities and will continue to play its part to support the IEBC in its duties,â Collymore added.
 
On September 25, 2012 the Government of Canada through its contracting agency the Canadian Commercial Corporation (CCC) entered into agreement with the Government of Kenya to supply a Biometric Voter Registration (BVR) system to register eligible voters and produce a clean and scrutinized voters list for the March 2013 Kenyan Elections.
 
 
CCC, together with their subcontractor Morpho Canada supplied 15,000 BVR kits and a data processing centre IEBC
 
Through a government-to-government arrangement, the Government of Canada assisted the Government of Kenya to acquire a Biometric Voter Registration system that allowed the IEBC to register over 14.3 million voters. The final product included preparation of a voters list including photos.
 
 
The IEBC placed a tender for an Electronic Voter Identification System (EVIS) which was to be used to biometrically identify voters on polling day which was awarded to South African firm, Face Technology.
 
 third project involved another IEBC tender for the provision of a system to electronically relay election results. This tender was awarded to Kenyan firm Next Technologies.
 
 

Kimunya writes to 'thankless lot'

 
 
Former transport minister Amos Kimunya during a road transport stakeholders meeting on November 12, 2012 at the Serena hotel, Nairobi. Cabinet Ministers Amos Kimunya (Transport) and Otieno Kajwang (Immigration) are among those fighting for their political careers and waiting to see how the Independent Electoral  Electoral and Boundaries Commission dispute resolution team has ruled on their cases. FILE PHOTO/SALATON NJAU

Former transport minister Amos Kimunya during a road transport stakeholders meeting on November 12, 2012. NATION MEDIA GROUP

By KINUTHIA MBURU kinuthiamburu@gmail.com and MUCHEMI WACHIRA mwachira@ke.nationmedia.com
Posted Thursday, March 7 2013 at 00:30

In Summary

  • Transport minister complains that Kipipiri electors did not appreciate his development record
 
Transport minister Amos Kimunya lost to a newcomer and immediately wrote to his constituents accusing them of being unappreciative of his good work.
Mr Kimunya, who has held the Kipipiri parliamentary seat for 10 years, was defeated by Nairobi lawyer Samuel Kamunye Gichigi.
The minister was handed the TNA ticket after a controversial nomination. The results were not announced after Mr Gichigi complained of irregularities.
The lawyer managed to secure an APK ticket to fight for the seat. He garnered 18,972 votes against Mr Kimunya's 16,689.
In an unprecedented move, Mr Kimunya wrote to the people of Kipipiri accusing them of not appreciating his development record and left it with an official of the Independent Electoral and Boundaries Commission.
Returning officer Acenia Njoroge read the letter to the people after announcing the results.
The letter read in part: "I am very disappointed that the people of Kipipiri did not appreciate my
 
development record."
Mr Kimunya has been part of the key team in outgoing President Kibaki's regime having served as Finance minister during his first term. He quit the docket after Parliament accused him of misleading Kenyans on the sale of the Grand Regency Hotel.
Mr Gichigi had campaigned for the minister in previous elections before the two fell out.
The new MP said he cut ties with the minister after realising that he was not development oriented and was out of touch with the local people.
"I supported him (Mr Kimunya) in 2007 because I wanted our constituency to retain the Finance docket. I hoped that with the docket, Mr Kimunya would be able to steer the development agenda. However, that never happened and today, 75 per cent of Kipipiri does not have access to piped water," said Mr Gichigi.
 

 

Kenya election 2013: Voting around the country

 4 March 2013 Last updated at 12:10 ET
 

Kenya elections: Uhuru Kenyatta leads Raila Odinga

 
 

The BBC's Sophie Ikenye reports from Nairobi, where every ballot paper is held aloft to try and ensure the election's transparency

Uhuru Kenyatta, who faces trial at the ICC next month, has established a large lead over rival Raila Odinga in early results from Kenya's presidential poll.

With results in from over 40% of polling stations, Mr Kenyatta has 53% of the vote, against 42% for Mr Odinga.
The head of the electoral commission emphasised these were provisional figures and urged Kenyans to wait patiently for the final outcome.
In 2007-8, more than 1,000 people were killed in post-election violence.
Clashes broke out after Mr Odinga claimed he had been cheated of victory by supporters of President Mwai Kibaki.
Mr Kenyatta denies charges at the the International Criminal Court (ICC) that he was instrumental in organising the 2007-8 bloodshed.
Violence has also marred the current election, with at least 19 people killed on Monday - mainly in coastal attacks attributed to separatists.
Continue reading the main story

Analysis

David Okwembah BBC Africa, Nairobi
Increasing numbers of spoiled ballots have the two leading parties worried.
The Coalition of Reforms and Democracy (Cord) - led by Raila Odinga, who is currently trailing in early results - wants the spoiled votes to be part of the final tally. If included, they could make the difference to whether a run-off is declared.
But the Jubilee coalition, whose candidate Uhuru Kenyatta is currently leading, would prefer they were not included. The party quoted an official from a body promoting good governance - the Electoral Institute for Sustainable Democracy in Africa - as saying there was no precedent in Kenya or internationally for invalid votes to be counted.
Kenya's electoral laws classify a spoiled vote as a marked ballot placed in the wrong ballot box, a ballot that is marked twice or a ballot on which a mark goes beyond one candidate's box.
Vincent Kimosop of Kenya's Institute of Legislative Affairs told the BBC the large number of spoiled votes was down to the fact that people had to mark six different ballots instead of the three used in the last election.

On Tuesday, there were reports of a blast in Nairobi's predominantly Somali neighbourhood of Eastleigh.

Few details about the blast were immediately available but the Kenyan Red Cross said one person had been taken to hospital.
Officials and the media urged Kenyans to put their faith in the electoral process.
The election was a "turning point" whose outcome would determine whether Kenya would move forward as a "civilised state", said a Daily Nation editorial.
But some 330,000 spoiled ballots have been counted so far, the Independent Electoral and Boundaries Commission (IEBC) noted with concern - well over double the number of votes cast for the third-placed candidate, Musailia Mudavadi, who trailed far behind with just over 148,000 votes, or 3%.
Some put this down to confusion, with voters having six ballots papers to complete, while some observers note that officials have tightened their rules on what constitutes a spoiled paper.
Late on Tuesday, the election commission chairman announced that the spoiled ballots would count in the overall vote total, the Associated Press reports, increasingly the likelihood of a run-off between the top two candidates.
Kenyans also voted for members of parliament and senators, county governors and members of the 47 newly formed county assemblies.
Call for patience
With 42% of polling stations reporting at 21:00 Nairobi time (18:00 GMT), the 51-year-old deputy prime minister had 2.8m votes, while the 68-year-old prime minister had 2.2m, said the website of the IEBC.
None of the other five candidates for the presidency had more than 1%.
The IEBC has said that the release of results has been slowed down by problems with their computer systems.
It said provisional results may not be tallied until Wednesday, meaning an official declaration will come then at the earliest.
"Nobody should celebrate, nobody should complain," Mr Hassan told journalists.
"We therefore continue to appeal for patience from the public."
To win outright, a candidate must get 50% of votes cast plus one vote, as well as at least 25% of votes in half of Kenya's 47 counties. If no-one achieves that, the vote will go to a run-off, probably on 11 April.
Meanwhile, in the parliamentary vote, marathon runner Wesley Korir has won a seat representing the Rift Valley after standing as an independent candidate.
Mr Korir won the Boston Marathon in April 2012 as well the Los Angeles Marathon in two consecutive years.
In a news conference, IEBC chairman Issack Hassan called for people to "resist making early judgments about who has won", and said final results would not be released within 48 hours.
He said candidates and parties were under obligation to "accept the results peacefully".
There are fears the loser might not accept the official result, triggering an outburst of violence.
Widespread failure of newly instituted electronic biometric voting registration (BVR) kits, reports of late voting at one polling station hours after polls closed officially, and an instance of a poll clerk issuing multiple ballots have all already been cited by Mr Odinga's party as cause for concern.
Continue reading the main story

Raila Odinga vs Uhuru Kenyatta

Raila Odinga (l) Uhuru Kenyatta (r)
Uhuru Kenyatta
  • Son of Kenya's first President Jomo Kenyatta
  • Due to stand trial at ICC in April accused of organising violence in last election
  • His running mate, William Ruto, also accused
  • Both deny the charges
  • From Kikuyu ethnic group - Kenya's largest at 22% of population and powerful economically
  • Kikuyus and Ruto's Kalenjin community saw fierce clashes after 2007 poll
  • Currently deputy prime minister
Raila Odinga
  • Son of first Vice-President Jaramogi Oginga Odinga
  • Distant relative of Barack Obama
  • Believes he was cheated of victory in last election
  • From Luo community in western Kenya - 11% of population.
  • Some Luos feel they have been marginalised by central government
  • Third time running for president
  • Currently prime minister under power-sharing deal to end violence last time

"These we find to be placing in jeopardy the credibility of this process," said Frank Bett from Mr Odinga's Coalition for Reform and Democracy (Cord).

Later, Mr Odinga's running mate Kalonzo Musyoka said the party had written to the IEBC about the number of spoiled ballots and the failure of the BVR machines, which he said had opened the door to possible fraud.
"We are worried on both counts," he said - adding that the failure of the BVR machines was particularly disappointing given that Kenya had spent 7bn shillings (£54m; $82m) on them.
Both leading candidates have pledged to respect the result of a free and fair vote.
'Consequences'
Mr Kenyatta, who heads the Jubilee alliance, is due to stand trial in April at the ICC for his alleged role in the 2007 unrest, when clashes between rival supporters degenerated into targeted attacks on members of ethnic groups linked to one or other candidate.
Mr Odinga later joined a government of national unity under a peace deal.
The US and other Western allies of Kenya have warned of possible "consequences" if Mr Kenyatta wins.
However, Mr Kenyatta's running mate, William Ruto, who also faces charges of crimes against humanity, insisted on Monday that they would be able to discharge their duties if elected and would co-operate with the ICC to clear their names. Both deny any wrongdoing.
Lines of voters stretched outside polling stations across the country on Monday and many polling stations stayed open late into the night. Turnout was estimated at 70%.
Four policemen were among the 19 killed in election-day violence mainly blamed on the separatist Mombasa Republican Council (MRC), which had demanded the elections be scrapped.
Gunfire and explosions were also reported in the town of Garissa, near the border with Somalia. Gunmen stormed two polling stations after voting ended, but were forced to retreat by security forces, the deputy speaker of parliament told Associated Press.
 
 
 
 
Please note:
 
 
NARC 2002 MoUs showed us that Kenyan politicians can sign anything for power. The presidency is worth the sacrifice, and certainly declaring loyalty to Uhuru in exchange for support of TNA and its appendages like the "Mbas" would be worth the sacrifice by many power thirsty politicians.
 
 

Kenya: Candidate calls for halt to tallying effort

By JASON STRAZIUSO and TOM ODULA | Associated Press – 47 mins ago

                       

                      NAIROBI, Kenya (AP) — The political coalition led by Kenya's prime minister said Thursday that the vote tallying process now under way to determine the winner of the country's presidential election "lacks integrity" and should be stopped, as it alleged that some vote results have been doctored.

                      The statement by the coalition of Raila Odinga — one of two top presidential candidates — said the counting process should be restarted using primary documents from polling stations.

                      The election commission chairman said there was no way to doctor the results and that final presidential results would be announced late Thursday or Friday. Deputy Prime Minister Uhuru Kenyatta had a substantial lead over Odinga as of Thursday evening Kenya time, though less than half of the polling stations had been tabulated.

                      Kenya on Monday held its first national election since its 2007 vote sparked tribe-one-tribe attacks that killed more than 1,000 people. Minor protests have cropped up since Monday's vote, but no massive rioting or ethnic violence has occurred. But as more time passes without a final result, tensions are rising, sparking fears that the dam now holding back potential protests could break.

                      Though Odinga's party said it continues to call for "calm, tolerance and peace," its call for a halt to the vote count and allegations of vote rigging could agitate its supporters. Vice President Kalonzo Musyoka, Odinga's running mate, said the announcement "is not a call to mass action."

                      Odinga's supporters in 2007 felt they had been cheated out of an election win over President Mwai Kibaki. Those supporters took to the streets, kicking off two months of clashes that, in addition to the ethnic violence, saw more than 400 deaths caused by police who were fighting protesters. A 2008 government report said the results were so tainted it was impossible to say who actually won.
                      Odinga faces Deputy Prime Minister Uhuru Kenyatta in this year's election. One of them must capture 50 percent of the vote in order to win; otherwise there is a runoff.
                      Kenyatta and his running mate William Ruto face charges at the International Criminal Court for their alleged involvement directing postelection violence five years ago. The court announced Thursday that the start of Kenyatta's trial would be delayed from April until July.
                      Officials on Thursday continued to add up votes from tally sheets that have been transported to the capital, results that are being played across all Kenyan TV screens. The partial results as early afternoon Thursday Kenya time showed Kenyatta with more than 3.1 million votes; Odinga had almost 2.6 million. Less than half of polling stations had been tabulated.
                      Musyoka told a news conference that "we have evidence that the results we are receiving have actually been doctored." He then listed several voting districts where he said the total votes cast exceed the number of registered voters. Musyoka also said that Kenyan law requires that vote results be transmitted electronically from polling stations before transporting the results.
                      The election commission chairman, Isaak Hassan, said later he has not seen any case where the total valid votes exceeds the number of registered voters.
                      Musyoka said Odinga's party was exploring several options to stop the vote count, including getting a court injunction. The electronic tally that was to serve as a preliminary vote count and be available soon after the polls closed failed on Tuesday, leaving the country in a tense information vacuum late Tuesday and Wednesday.
                      One issue that arose Thursday was why rejected ballots are no longer reflected in the count in high numbers. When the preliminary count froze on Tuesday there was more than 330,000 rejected ballots, an important issue because of a legal fight that will be launched over whether those ballots should be counted in the overall vote total, thus making it harder for a candidate to reach 50 percent of the votes cast.
                      Hassan said that the number of rejected ballots was incorrectly increased by a factor of eight because of a computer error.
                      On Thursday, by contrast, official vote tallies showed a very low number of rejected votes, leading to questions about where they all went. The election commission was to hold a news conference later Thursday but had yet to make any statements as of mid-day.
                      Kenya is the lynchpin of East Africa's economy and plays a vital security role in the fight against Somali militants. The U.S. Embassy in Kenya is the largest in Africa, indicating this country's importance to U.S. foreign policy.

                      The political battle between the families of Kenyatta and Odinga goes back to the 1960s and to the two candidates' fathers. Jomo Kenyatta was Kenya's first president after the end of British colonial rule. Jaramogi Oginga Odinga served as the country's first vice president then. The two later had a falling out.

                      If a runoff is declared for Odinga and Kenyatta, it would be most likely held in late April or early May, depending on how long legal challenges take.
                      ___
                      Associated Press reporter Rodney Muhumuza in Nairobi, Kenya contributed to this report.
                       
                       
                       
                       

                      Reader Request: Kibaki's Kikuyunization Programme Part 3

                      Clinging on to power "by any means necessary" is a way of maintaing the status quo within the Mount Kenya Mafia cartel

                      The point with the "Kikuyunization Lists" is to show how appointments to top jobs in Government and Parastatals, are made in favor of the GEMA/Mt. Kenya Region's people. GEMA: Gikuyu Embu and Meru Association.

                      The Kikuyu dominate, followed by the Meru and then the minority Embu fill a few positions. The surnames determine who is who.

                      The lists show that non-GEMA members are appointed to non-executive positions in case they serve as Board Members in these organizations. As we head towards 2012, we have a clear picture of Kibaki's ethnically/tribally-biased administration which has managed to entrench Kikuyu hegemony that only draws more resentment among the remaining tribes that have largely been left out. Taxpayers come from all over the country, yet the majority of those enjoying top jobs are from one region. Kenyans should wake up!

                      Permanent Secretaries (GEMA):

                      Agriculture ———————— Dr.Romano Kiome —————————Meru
                      Office of the President ———– Francis Muthaura —————————-Meru
                      Internal Security and Provincial Administration: ——-Mr. Francis Kimemia
                      Private Secretary to the President: ——Prof. Nick Wanjohi
                      Comptroller State House: —————- Dr. Nelson Githinji
                      Secretary Presidential Press Service: —-Mr. Isaiya Kabira
                      Public Comms Secretary & Gvt Spokesman: ———Dr. Alfred N. Mutua, E.B.S (Rumored to be Muthaura's Son)
                      PM Office: PS Public Sector Reforms and Performance Contracting: —Mr. Richard Ndubai
                      PS Office of Deputy Prime Minister ——————————- Prof. Karega Mutahi
                      Energy PS: —————————————————Mr. Patrick M. Nyoike, C.B.S.
                      Finance PS ————————————————— Mr. Joseph K. Kinyua, C.B.S.
                      Fisheries PS: ————————————————- Prof Micheni Ntiba
                      Foreign Affairs PS——————————————–Patrick Wamoto (Acting)
                      Industrialization PS—————————————— Dr. (Eng.) Kibicho Karanja
                      Medical Services———————————————-Ms. Mary Ngari
                      Director of Medical Services: —————————— Dr. Francis Kimani

                      Metropolitan

                      Physical Planning ———————————————Ndirangu Maina
                      Roads PS ——————————————————-Mr. Michael Kamau
                      Transport PS —————————————————Silas Njiru
                      PS Ministry of Youth —————————————–Mr. James Muiru Waweru
                      Controller and Auditor General —————————–Mrs Priscilla Njeri Komora

                      Public Service Commission

                      Chairman —————— Mr. Titus Justus Kahiga Gateere
                      Commissioner ———— Mary M. Gikuyu —————-Kikuyu
                      Commissioner ————-Ruth Njoki Mathai ———– Kikuyu
                      Commissioner ————-Josephine K. Gichuhi ——– Kikuyu
                      Commissioner ————-Onesmus Njathika Ireri —— Kikuyu
                      Commissioner ————-Johnson G. Kibera ———— Kikuyu
                      Commissioner ————-John Muketha, SS ———— Kikuyu

                      Kenya Institute of Administration
                      Director: ——————————————————– Margaret Kobia

                      Water Services Regulatory Board
                      Chairman: ——————————————————-Jane Njogu

                      NACADA
                      Chairman: ——————————————————Frank Njenga
                      Secretary: ——————————————————Jenipher Kimani

                      Kenya Tourist Development Corporation
                      Chairman: ——————————————————Charles Wachira

                      Public Archives Advisory Council
                      Director: ——————————————————- Lawrence Mwangi

                      Export Promotion Council
                      Chairman: ——————————————————Peter Kimuyu

                      Kenya Revenue Authority
                      Commissioner General: —————————————Michael Waweru

                      Tea Board of Kenya
                      Chairman: ——————————————————-Sicily Kariuki

                      Retirement Benefit Authority
                      Director: ——————————————————– Kanyi Gachoka

                      Kenya Water Institute
                      Chairman: —————————————————— Jacob Kaimenyi

                      Kenya Re-Insurance Corporation
                      Chairman: ——————————————————- Nelius Kariuki
                      Director: ——————————————————— Eunice Mbogo

                      Capital Markets Authority
                      Chairman: —————————————————– Chege Waruinge

                      Consolidated Bank of Kenya
                      Director ——————————————————– David Ndegwa

                      Kenya Post Office Savings Bank
                      Chairman: —————————————————— Wilson Kinyua
                      CEO: ———————————————————— Nyambura Koigi

                      KASNEB Chairman:
                      Francis Kibera CEO: ——————————————- Erastus Gitau

                      Kenya National Assurance
                      Chairman: —————————————————– Alexander Kaminchia

                      Central Bank of Kenya
                      Governor: —————————————————– Njuguna Ndungu

                      Capital Markets Tribunal
                      Chairman: ——————————————————Morris Njage

                      Kenya Institute of Public Policy and Research
                      Director: ——————————————————–Moses Ikiara

                      National Irrigation Board
                      Chairman: ——————————————————–Francis Gichaga

                      Kenya National Trading Corporation
                      Director: ——————————————————— Gladys Maina

                      Kenya Industrial Property Institute
                      Chairman: ——————————————————– Moses Thairu

                      East African Portland Company
                      Director: ———————————————————- Ndegwa Kagio

                      Industrial Property Tribunal
                      Chairman: ———————————————————Lillian Wanjira

                      Kenya Industrial Research and Development
                      Institute Director: ————————————————-Elias Njoka

                      Numerical Machining Complex
                      Chairman: ——————————————————– Jonathan Muturi

                      Co-operative College of Kenya
                      Principal: ———————————————————- Esther Gicheru

                      Pyrethrum Board of Kenya
                      Chairman: ——————————————————— Isaac Mwangi

                      New Kenya Cooperative Creameries
                      Chairman: ———————————————————-Matu Wamae
                      Managing Director: ———————————————–Francis Mwangi

                      Kenya Ordinance Fact Corporation
                      Chairman: ———————————————————- Jeremiah Kianga

                      Tana and Athi River Development Authority
                      Chairman: ———————————————————–A. Mureithi (deceased)
                      Director: ————————————————————-S. Maina

                      Horticultural Corporation Development Authority
                      Chairman: ———————————————————– Joseph Kibe

                      Jomo Kenyatta Foundation
                      Director: ————————————————————- Nancy Karimi

                      Agricultural Finance Corporation
                      Chairman: ————————————————————Patrick Kariuki

                      National Sports Stadia Management Authority
                      Director: ————————————————————–S. Mwai

                      Kenya Plant Health Inspectorate
                      Chairman: ————————————————————Justin Irina

                      National Housing Corporation
                      Director: ————————————————————–J. Ruitha

                      Kenya Cultural Centre
                      Chairman: ————————————————————M. Kaggia

                      Kenya National Library
                      Director: ————————————————————–Irene Muthoni

                      Moi University
                      Chairman: ————————————————————-Evan Mwai

                      Kenya Literature Bureau
                      Director: ————————————————————– Adams Karauri

                      Kenya Education Staff Institute

                      Chairman: ———————————————————— Joseph Kimura
                      Director: —————————————————————B. Gachanja

                      Commission for Higher Education
                      Chairman: ————————————————————-Kihumbu Thairu

                      Kenya Power and Lighting Company
                      Director: —————————————————————E. Njoroge

                      Higher Education Loans Board
                      Chairman: ————————————————————-Joseph Kimura

                      Water Service Trust Fund
                      Director: ————————————————————–S. Mwangi

                      KENGEN LTD (THE HEIGHT OF TRIBAL HUBRIS—GEMA)
                      Managing Director & CEO ————————————-Edward Njoroge
                      Non- Executive Director —————————————-Kinyua
                      Non- Executive Director —————————————-Patrick Nyoike
                      Non- Executive Director —————————————-Sarah W. Wainaina
                      Non- Executive Director —————————————-Musa Ndeto
                      Non- Executive Director —————————————-George M Njagi
                      Non- Executive Director —————————————-Humprey Muhu
                      Non- Executive Director —————————————-Henry Nyamu M'Narobi
                      Non- Executive Director —————————————-Rebecca Miano

                      DIRECTORS (84% GEMA)
                      Managing Director & CEO ————————————-Edward Njoroge
                      Operations Director ———————————————-Richard Nderitu
                      Business Development & Strategy —————————- Director Albert Mugo
                      Regulatory Affairs Director ————————————-Simon Ngure
                      Company Secretary/ Legal & Corporate Affairs Director — Rebecca Miano
                      Finance & Commercial Director ——————————–John Mudany
                      Human Resources & Administration Director —————-Beatrice Soy

                      MANAGERS
                      Transformation Monitoring Office Manager ——————David Muthike
                      Corporate Affairs Manager ————————————–Mike Njeru
                      Supply Chain Manager ——————————————-Patrick Kimemia
                      Operations Manager, Eastern Hydro —————————Joel Ngugi
                      Operations Manager, Geothermal ——————————John Karanja
                      Operations Manager, Western Hydro ————————–Frank Konuche
                      Technical Services Manager ———————————— Solomon Kariuki
                      Geothermal Development Manager —————————-Geoffrey Muchemi
                      Capital Planning & Strategy Manager. ————————-Elizabeth Njenga
                      Regulatory Affairs Manager ————————————-John Ndambiri
                      Environment & CDM Manager ———————————Pius Kollikho
                      Projects Execution Manager ————————————-David Kagiri
                      Finance Manager ————————————————–Henry Nyachae (Kikuyu-Kisii)
                      Human Resources Manager ————————————–John Maina
                      Performance Management Manager —————————-Mary Waceke Muia
                      Insurance Manager ————————————————Ann Mbugua
                      Technical Services & Quality Manager ———————- Henry Ithiami
                      Special Project Manager ——————————————George Muga

                      National Oil Corporation (Directors 7 out of 9 are GEMA)
                      Chairman ————————————————————Mr. Peter K. Munga
                      Director ————————————————————–Mr. Patrick Nyoike
                      Director ————————————————————–Mr. Joseph Kinyua
                      Director ————————————————————–Mr. Paul G. Ngatia
                      Director ————————————————————–Mr. Paul Muhia Ngugi
                      Director ————————————————————–Mr. James Gacheru
                      Director ————————————————————–Mr. Gaciku Kangari

                      Communication Commission of Kenya

                      Chairman: ————————————————————–Joseph Njagi
                      Director: —————————————————————-John Waweru

                      Athi Water Service Board
                      Director——————————————————————L. Mwangi

                      Coast Water Service Board
                      Chairman: —————————————————————Joseph Muturi

                      Kenya Film Corporation
                      Director: —————————————————————–Wachira Waruru

                      Tana Water Service Board
                      Chairman: —————————————————————James Kimani

                      National Council for Science and Technology
                      Chairman: —————————————————————Henry Thairu
                      Secretary: —————————————————————G. Kingoria

                      Kenya Petroleum Refinery
                      Chairman: —————————————————————Justus Kagenu

                      Coffee Research Foundation
                      Chairman: —————————————————————K. Njuguna
                      Director: —————————————————————–J. Kimemia

                      Energy Tribunal
                      Chairman: —————————————————————Njuguna Njenga

                      Concerned Kenyan

                       

                       

                       

                      Groups anxious over police reforms delay

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                      Updated Monday, February 11 2013 at 00:00 GMT+3

                      By Ally Jamah

                      Civil society leaders have raised a red flag about rows and disharmony between constitutional bodies involved in police reforms warning it may seriously affect policing during the election period.

                      Speaking in Nairobi on Sunday, the leaders said there were worrying levels of disagreements between the Inspector General of Police David Kimaiyo and the National Police Service Commission (NPSC) led by Johnston Kavuludi one hand and NPSC and the Independent Police Oversight Authority (IPOA) on the other.

                      "We are disappointed there is no cohesion between the three offices, which might make it difficult to coordinate security. We wonder what interests they are serving," said the president of the National Civil Society Congress Morris Odhiambo.

                      Turf wars

                      He added: "We do not understand why they cannot work together and avoid unnecessary turf wars that may be detrimental to the security of the country and reforms of the police service. The responsibility on those officers is great and Kenyans may begin wondering if they got the right individuals for the jobs to secure the country."

                      Mr Kimaiyo has differed with NPSC over appointments, transfers and promotions of police officers while IPOA has accused NPSC of going beyond its mandate and supported Kimaiyo in the saga.

                      On their part, IPOA and NPSC have differed over the appointment of Director of Criminal Investigations Department Ndegwa Muhoro. NPSC has accused IPOA of overstepping its mandate. On Friday, Kimaiyo said his relationship with Kavuludi was good.

                      Sheikh Ahmed Ramadhan of the Nubian Rights Forum said since Kimaiyo and his two deputies are members of NPSC, then they should solve their differences amicably and work together as required under the law.

                      IPOA has accused NPSC of overstepping its mandate by effecting promotions instead letting Kimaiyo do it.

                      Executive Coordinator at Rights Promotion and Protection Centre and member of the Police Reform Working Group, Odhiambo Oyoko, accused the Office of the President and specifically Head of the Public Service Francis Kimemia of interfering with the work of police, saying he should leave the cops to work independently as is stipulated in law.

                      Kimemia team proposes lean Cabinet

                      Head of Civil Service Francis Kimemia, who is the chair of government team on transition. Photo/FILE NATION

                      By EDITH FORTUNATE efortunate@ke.nationmedia.com

                      Posted Saturday, February 9 2013 at 20:55

                      In Summary

                      In the new structure, ministries that have similar functions have been merged and ministerial duties restructured to reduce the number of Cabinet members from the present 42 to 21.

                      The Office of the President has invited presidential candidates for a briefing on the proposed new government structure that the winner will adopt at the conclusion of the March 4 General Election.

                      Cord's Raila Odinga, Jubilee's Uhuru Kenyatta, Ms Martha Karua of Narc, Amani's Musalia Mudavadi, Eagle's Peter Kenneth, RBK's James ole Kiyiapi, Mr Paul Muite of Safina and ARK's Mohamed Abduda Dida will be briefed on the proposed Cabinet structure on Tuesday.

                      The new structure will comprise 21 ministries, paving the way for a lean but powerful Cabinet in line with the Constitution.

                      The new structure represents a departure from the system that has been used since independence in which the President-elect determined the number and type of ministries that would constitute his government.

                      In the new structure, ministries that have similar functions have been merged and ministerial duties restructured to reduce the number of Cabinet members from the present 42 to 21.

                      The proposals

                      The Head of Public Service and Secretary to the Cabinet, Mr Francis Kimemia, said the presidential candidates will be asked to review the proposals and recommend changes that would suit their plans.

                      "We will take them through the constitutional requirements of the new Cabinet," Mr Kimemia told the Sunday Nation.

                      Article 152 of the Constitution says future Cabinets will comprise 14 to 22 Cabinet Secretaries — the new name for ministers.

                      The President, his or her deputy and the Attorney-General will also sit in the Cabinet.

                      According to the proposals, the new ministries will have senior deputy secretaries who will head the different departments, especially in the big ministries.

                      "We will have senior deputy secretaries, especially those who will have qualified as principal secretaries but will not have taken up those positions.

                      They will head the powerful departments in the specific ministries," Mr Kimemia said.

                      The public service chief, who chairs the committee preparing for the transition, said the constitutional requirement for not less than 14 and not more than 22 ministries was being observed.

                      He said they had come up with 21 ministries and left room for the president-elect to create one more.

                      "It was strategic. We figured that we might have forgotten an important ministry, or the president-elect might want to come up with something totally different," Mr Kimemia said.

                      The decision to cap the ministries at 22 came in response to a desire by Kenyans to control the discretion exercised by the President in appointing members of the Cabinet.

                      The new Cabinet will be a break with the past in that members will not be picked from among MPs as has been the practice since independence.

                      Cabinet secretaries will be nominated from outside Parliament and will require approval by a majority of MPs before they are appointed to office as one way of ensuring that only qualified people are appointed to the public service.

                      In the previous system where discretion was left to the President, allegations of cronyism, nepotism and tribalism were rife, a problem that Kenyans expect the new Constitution to resolve.

                      "Most of the ministries we have set up are faithful to manifestoes of the political parties, which are fairly similar and competent. And we will have senior deputy secretaries to ensure the mandates of the proposed ministries are adhered to," Mr Kimemia said.

                      He said Kenyans would see a new kind of government after the upcoming General Election.

                      "Surplus value and a system that will cater for Vision 2030 is mandatory in this structure," Mr Kimemia said. He said because government is being down-sized the State needs to tell the presidential candidates why particular ministries are more important than others and the functions of those that have been merged.

                      Upon agreement and consideration of the recommendations, the proposals will be presented to the president-elect after the elections according to requirements of the Constitution.

                      "They have to agree with what we have prepared so that government business can transit smoothly once any of the contenders has been elected to office. Among other issues, our duties as committee members will be to brief the incoming president on various issues of national interest."

                      These issues include the state of the country's security, Vision 2030 and the state of government business.

                      The president-elect will also be briefed on the functioning of the new ministries.

                      Government business

                      "We have worked out a framework on the briefing, especially on the ministries and government business," the Public Service boss said. "It will be an open affair; they will get to know the security functions, as he or she will be the commander-in-chief, and anything else that emerges."

                      The proposed civil service structure, according to the team, should be implemented and tried for five years under the new government without alteration. Mr Kimemia said the new structure would absorb different commissions into parent ministries.

                      The Independent Electoral and Boundaries Commission will fall under the ministry of Justice, while the National Police Service will be under the ministry of National Security.

                      The Salaries and Remuneration Commission is likely to go under the ministry of Labour and Public Service.

                      Mr Kimemia said his team is as interested in the youth as the presidential candidates are; therefore the ministry of Youth Affairs and Sports will remain.

                      "We are giving a lot of attention to the youth; they will enable the attainment of Vision 2030. The blueprint is very important for our country's growth," he said.

                      With the new structure, Mr Kimemia said, the government will ensure the wage bill is not bloated as it has been in previous governments.

                      "We want to ensure the wage bill doesn't exceed 70 per cent of the national budget. We have to ensure that 30 per cent is left to implement development projects in the country," he said.

                      Uhuru faults Mutunga on integrity and leadership

                      Updated Wednesday, August 01 2012 at 00:00 GMT+3

                      By JUDY OGUTU

                      Deputy Prime Minister Uhuru Kenyatta, a key suspect at The Hague, has taken on Chief Justice Willy Mutunga over his statements on leadership and integrity issues. And, curiously, Attorney General Githu Muigai came out backing Uhuru and Eldoret North MP William Ruto in a case challenging their eligibility to run for president while still saddled with the crimes against humanity charges at the International Criminal Court.

                      Githu dismissed the local case challenging their candidature on the grounds that it was unconstitutional. In a preliminary objection filed in court on Tuesday, the AG argued the case should be dismissed as it conflicts with the constitutional provision of presumption of innocence before a trial and it was based on "speculation and conjecture".

                      The court, he argues, was being invited to enter the arena of legislation that constitutionally belongs to Parliament. "The petition is misconceived based on total misrepresentation and misapplication of the Constitution of Kenya and the legal process at International Criminal Court," adds Muigai.

                      On his part, Uhuru wants the court to have Mutunga stopped from issuing statements, which he says have a bearing on his presidential ambition.

                      Uhuru registered his protest when a case challenging his candidature and Ruto's came up for hearing on Tuesday. Patrick Njuguna, Augustino Neto, and Charles Omanga have filed the case.

                      Other parties to the suit are Kenya Youth Parliament, and Kenya Youth League. These parties argued that the two are suspects charged before ICC and therefore do not meet the threshold of the Constitution on Leadership and Integrity.

                      Interestingly, when the case came up for hearing on Tuesday, it faced another roadblock as two out of the three judges hearing it were reportedly indisposed, and, therefore, the case could not proceed.

                      Justice Isaack Lenaola, who is the third judge, informed lawyers for the three parties of the development, saying his colleagues Mohamed Warsame and Philomena Mwilu were indisposed. He adjourned the case to September 27.

                      However, before Justice Lenaola could adjourn the proceedings Uhuru's lawyer Evans Monari hit out at Mutunga, saying his utterances through Press statements were of concern to his client.

                      Curiously, Ruto who has personally been sued with Uhuru was neither in court nor did he send any of his lawyers to represent him. "I would like to register protest on remarks of certain judicial officers. The Chief Justice has been issuing Press statements. It is not viable that the issue is discussed in this manner," Monari said.

                      But before he could stretch his protest, Justice Lenaola said the rules of engagement are clear and neither judges nor advocates should make substantive comments on the case.

                      He directed the parties to minimise comments on the merits and demerits of the case. Early this year, Justice Lenaola issued orders stopping public debate on whether Uhuru and Ruto can run for president.

                      He gave the directive after parties in a suit before him, entered a consent allowing him to do so. The order was, however, vacated.

                      Mutunga is on record stating the Judiciary would ensure leaders who fail to meet the threshold of integrity as set out in the Constitution are not considered for public office.

                      Mutunga, who is also the president of the Supreme Court, and the one who will swear-in Kenya's fourth President, has said the courts will defend the Constitution.

                      The CJ has equally promised to ensure courts uphold Chapter Six of the Constitution to weed out individuals who do not meet integrity and leadership standards.

                      Saying he would forever fight "in the trenches of reform," Mutunga dismissed claims by a section of lawyers, MPs, and political leaders that Chapter Six of the Constitution on leadership and integrity stands suspended until a Bill is passed in Parliament to implement it.

                      His strong statement seemed to have excited Kenyans who have feared the worst, as Parliament and the Executive remained divided over Chapter Six of the Constitution that touches on leadership and integrity.

                      The CJ has been emphatic that the courts must be seen to uphold the spirit of the Constitution when it comes to interpreting Chapter Six, which he warned could still be used to vet those seeking leadership positions.

                      Mutunga is on record saying the Constitution must be upheld and followed to the letter by the courts to ensure people seeking to lead are held accountable, and those who fail integrity and leadership thresholds are not appointed or elected to public offices.

                      The petitioners in the Uhuru and Ruto case have sued Muigai and named Independent Electoral Boundaries Commission and the Commission on Implementation of the Constitution as interested parties.

                      In addition, 213 Internally Displaced Persons are also party to the case. International Centre for Policy and Conflict, Kanu, The National Alliance Party, and several individuals have joined the suit as interested parties. Dr Stephen Njiru is an amicus curie (friend of the court)

                      It is the petitioners' contention that allowing Uhuru and Ruto to run for public office would amount to perpetuating impunity.

                      Also sought by the petitioners is an order barring IEBC from accepting nomination or election of any candidate accused of committing serious offences under the international law or Kenyan law, until they are cleared.

                      In addition, they want a declaration that allowing the two to vie for president was a threat to the Constitution.

                      Further, they want the court to determine whether presumption of innocence in favour of Uhuru and Ruto overrides public interest to ensure protection and upholding the principles of the Constitution.

                      Also being sought for is a declaration that presumption of innocence of the two does not override public interest.

                      Kenya's Notable Corruption

                      Corruption and Kenya's Presidents

                      Unfortunately, corruption played a role with all 3 Kenyan presidents up to now.

                      Jomo Kenyatta Leadership

                      He was the first president of Kenya after independence in 1963. During colonialism, the European colonizers had stolen fertile lands from, among others, the Kalenjin tribe. After the independence (in 1963), Kenyatta did not return those lands to the former owners, but handed it over to members of his own clan and tribe (the Kikuyu). Kenyatta himself became one of the largest private land owners in the country.

                      Corruption Under Mwai Kibaki Rulership

                      The third president, Mwai Kibaki, was elected in 2002 mainly on the promise to end corruption in Kenya once and for all. Admittedly, there have been quite some improvements in the country (among them press freedom, return of elections and introduction of free and compulsory primary education for all) but corruption had remained a big issue. To start with, his administration consists largely of Kikuyu, while this tribe is only 22 percent of the Kenyan population. From 2003 to 2006, Kibaki's cabinet spent 14 million dollars on new Mercedes cars for themselves. In late 2008, several members of Kibaki's parliament were found to have taken large "allowances", which were not legally part of their official compensation. Kibaki is believed and suspected to have falsified the results of the 2007 election, leading to riots organized crimes who performed heinous act of extra-judicial killings.

                      The longest-running is the Goldenberg scandal [2], where the Kenyan government subsidized exports of gold, paying exporters in Kenyan Shillings (Sh) 35% over their foreign currency earnings. In this case, the gold was smuggled from Congo. The Goldenberg scandal cost Kenya the equivalent of more than 10% of the country's annual GDP.

                      In 1998, political scientist Mutahi Ngunyi's NGO - Series for Alternative Research in East Africa (SAREAT) engaged John Githongo to edit a regional political economy magazine, East African Alternatives[3]. The magazine folded after an audit instigated by the lead donor Ford Foundation found suspected misappropriation and collusion on the part of Ngunyi, who was executive director of SAREAT and Dr Jonathan Moyo, who was the programme officer at the Ford Foundation in charge of disbursing the resources to the NGO. They have both been sued and the matter is still in court. It is known that the Ford Foundation has accepted Githongo's offer to be a prosecution witness in the case.

                      A Sh360 million helicopter servicing contract in South Africa[4]. Military officers had argued that the contract was too extravagant and servicing the helicopters could be done locally. Kenya Air Force (KAF) went ahead to spend Sh108 million as a down payment for servicing the Puma helicopters, whose tail number is logged as 418 at Denel Aviation, a South African firm.

                      In 2003, the military was split over plans to buy new Czech fighter jets[4]. The plan to buy the jet fighters would have cost taxpayers Sh12.3 billion.

                      A Sh4.1 billion Navy ship deal [4]. A Navy project was given to Euromarine, a company associated with Anura Pereira, the tender awarded in a process that has been criticised as irregular. The tender was worth Sh4.1 billion. Military analysts say a similar vessel could have been built for Sh1.8 billion.

                      Chamanlal Kamani had been involved in a supply contract, as Kamsons Motors. [5] Kampsons tendered for the supply of Mahindra Jeeps to the Police Department in the mid 1990s for close to Sh1 million (US$13,000) each, at a time when showrooms would have charged customers a sixth of the price. Moreover, the vehicles were being bought for a government department and were therefore imported duty free. Few of the more than 1,000 units that were imported over several years are in service today.

                      The Kamanis were also involved in a deal to build a CID forensic laboratory. On June 7, 2004 an amount of $4.7 million was wired back. The payment was a refund against the money paid for the Criminal Investigations Department forensic laboratory. [6]. Another euro 5.2 million was paid back in respect of the E-cop project, which involved computerisation of the police force and the installation of spy cameras in Nairobi by Infotalent Systems Private Limited. [6]

                      The Prisons department lost $3 million after contracting Hallmark International, a company associated with Deepak Kamani of Kamsons Motors, for the supply of 30 boilers. [5] Only half of the boilers were delivered – from India and not the United States as had been agreed.

                      The construction of Nexus, a secret military communication centre in Karen, Nairobi [4]. The Government spent Sh2.6 billion (US$36.9 million) to construct the complex. Three years later, military personnel have not moved into the centre. A phantom company, Nedermar BV Technologies, which is said to have its headquarters in Holland, implemented the secret project situated along Karen South Road. Nedermar is linked to businessman Anura Pereira. However, Pereira has denied this. The tendering process for the Nexus project was circumvented as DoD's Departmental Tender Committee. Funding for the project was made through the Ministry of Transport and Communications. The complex is currently headed by Colonel Philip Kameru. Nexus was first meant to be an ammunition dumpsite before it was turned into a military communication and operations centre. Construction continued without any site visits by either the DoD staff or Ministry of Public Works officials. The Nexus project was implemented during the tenure of General Joseph Kibwana.

                      In 2005 plans to buy a sophisticated £20 million passport equipment system from France [7] [8]. Here government wanted to replace its passport printing system. The transaction was originally quoted at 6 million euros from François Charles Oberthur of Paris - the world's leading supplier of Visa and MasterCards, but was awarded to a British firm, the Anglo-Leasing and Finance Company Limited, at 30 million euros, who would have sub-contracted the same French firm to do the work. Despite the lack of competitive tendering Anglo Leasing was paid a "commitment fee" of more than £600,000. Anglo Leasing's agent is a Liverpool-based firm, Saagar Associates, owned by a woman whose family has enjoyed close links with senior officials in the Moi regime. Company records show Saagar Associates is owned by Mrs Sudha Ruparell, a 47-year-old Kenyan woman. Ruparell is the daughter of Chamanlal Kamani, the multimillionaire patriarch of a business family that enjoyed close links with senior officials in the Moi regime. Anglo Leasing made a repayment of euro 956,700 through a telegraphic transfer from Schroeder & Co Bank AG, Switzerland on May 17, 2004.[6]

                      The local chapter of Transparency International and the Kenya National Commission on Human Rights (KNCHR), a government body released a report in February, 2006, stating that between January 2003 and September 2004, the National Rainbow Coalition government spent about $12-million on cars that were mostly for the personal use of senior government officials.[9] The vehicles included 57 Mercedes-Benz, as well as Land Cruisers, Mitsubishi Pajeros, Range Rovers, Nissan Terranos and Nissan Patrols. The $12-million substantially exceeded what the government spent over the 2003/04 financial year on controlling malaria -- "the leading cause of morbidity and mortality in Kenya", says the report.

                      In late February 2006, the leading newspaper The Standard ran a story claiming that president Mwai Kibaki and senior opposition figure Kalonzo Musyoka had been holding secret meetings. On March 2 at 1:00am local time (2200 UTC on the 1st), masked gunmen carrying AK-47s raided multiple editorial offices of The Standard, and of its television station KTN. They kicked and beat staff members, forcibly took computers and transmission equipment, burned all the copies of the March 2nd edition of the newspaper, and damaged the presses. At KTN, they shut down the power, putting the station off the air. Initially, the Kenyan information minister claimed no knowledge of the raid, but it has since revealed that Kenyan police were responsible. The Ministry of the Internal Security later stated that the incident was to safeguard state security. "If you rattle a snake you must be prepared to be bitten by it," John Michuki said. Three journalists at The Standard, arrested after the critical story was printed, are still being held without charge. [10] [11] The story now also features the bizarre case of two Armenian businessmen, mocked in the press for their taste for heavy gold chains, watches and rings, referred to as Mercenaries, who the opposition says led the raid and had shady dealings with Kibaki's government.[12] [13][14]

                      In November 2006, the government was accused of failing to act on a banking fraud scam worth $1.5bn involving money laundering and tax evasion, reported by whistle-blowers as early as 2004. Investigators believe sums worth 10% of Kenya's national income are involved. A recent auditor's report says the scale of the operations "threatens the stability of the Kenyan economy".[15]

                      In November 2006, British Foreign Office minister Kim Howells warned, that corruption in Kenya is increasing the UK's exposure to drug trafficking and terrorism. "People can be bought, right from the person who works at the docks in Mombasa up to the government. (...) This weakness has been recognised by drug-traffickers and probably by terrorists too." Said Howells for the BBC.[16]

                      On 31 August 2007, The Guardian newspaper featured on its front page a story about more than GBP 1 billion transferred out of Kenya by the family and associates of former Kenyan leader Daniel arap Moi. The Guardian sourced the information from the Wikileaks article The looting of Kenya under President Moi and its analysis of a leaked investigative document ("the Kroll report") prepared for the Kibaki government in 2004 in order to try to recover money stolen during Moi's rule.[17]

                      On 2007-09-06 parliament passed the Statute Law (Miscellaneous Amendments) Bill, restricting investigations by the Kenya Anti-Corruption Commission to offenses committed prior to May 2003, excluding the Goldenberg and Anglo-Leasing scandals and other major cases. The move was condemned by anti-corruption campaigners; Mwalimu Mati, former chief executive of the Transparency International Kenya Chapter, declared that "grand corruption has swallowed the government and parliament that Kenyans elected to fight it in 2002". [18]. In response to public outrage generated by the move, President Kibaki announced that he would veto the bill.

                      In September 2007, Wikileaks released documents exposing a 500 million Kenyan shilling payroll fraud at Egerton University] and subsequent cover up, now the subject of ongoing legal dispute in the High Court.[citation needed]

                      On the 28th of September 2007, Wikileaks released 28 investigative documents] exposing a US$1.5 billion dollar money laundering fraud by Charter House Bank Ltd. Re-reported in the Kenyan Standard newspaper.[citation needed]

                      In June 2008, the Grand Regency Scandal broke, wherein the Central Bank of Kenya is alleged to have secretly sold a luxury hotel in Nairobi to an unidentified group of Libyan investors for more than 4 billion Kenyan Shillings (approx US $60 million) below the appraised market value. Finance Minister Amos Kimunya negotiated the sale, and was censured in a near-unanimous motion by the Kenyan Parliament, though he vehemently denies the charges. This follows on the heels of the Safaricom IPO, overseen by Kimunya, which has been alternatively praised and questioned for possible corruption in the execution of the sale. Safaricom is the largest mobile phone service provider in Kenya, having operated with a near-government monopoly for many years. The government of Kenya sold its 50% stake in Safaricom in the IPO.

                       

                       

                       

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